| Volume 69 Number 2 |
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The People’s Lawyer’s Tip of the Day
The Texas Deceptive Trade Practices Act protects you whenever someone misleads or deceives you. This is our consumer protection law, but beware it applies to all sellers, including you when you sell at a garage sale, through a classified ad, or on the web. Don't say anything misleading or deceptive about what you are selling. It could cost you a substantial amount in damages. Click here for more.
Wireless Carriers Using Key-Loggers
Its called Carrier IQ. Its a monitoring tool used by AT&T, Sprint, and T-Mobile to record everything you type on your phone. If you think this sounds unusual, you're not alone. Sprint said they use the program to "analyze ... network performance," T-Mobile claims the program is a "diagnostic tool," and AT&T said it is used to improve performance. Verizon does not use Carrier IQ. The controversial program has already drawn the attention of Sen. Al Franken, D-Minn, who wants to know exactly what the software can and can't do. Has Carrier IQ violated any laws? Click here for more.
Banks Halt Holiday Foreclosures
Fannie Mae, Freddie Mac, Chase, Wells Fargo, and several other large lenders have pledged not to foreclose over the holidays. In most cases, legal and administrative proceedings for evictions and other foreclosure-related actions will continue. Are you in default? Find out what your bank plans to do over the holidays. Click here for more.
GM Willing to Buy Back Volts After Fire Scare
If deemed necessary, General Motors will recall 6,000 Chevrolet Volts currently on the road after the federal government found the vehicle prone to fire after side-impact crash. According to the National Highway Traffic Safety Administration (NHTSA), the fires occurred seven days to three weeks after the crashes. The NHTSA is pointing to a potential defect in the Volt's battery pack. Are you worried about your Chevrolet Volt? GM may be willing to buy your car back. Click here for more.
Your Money
Should you pay off debt or invest in savings? Click here for more.
For the Lawyers
Arbitration provision unconscionable and unenforceable. The Vermont Supreme Court held that a home inspector’s arbitration clause was unenforceable. The court noted that “the contract’s limitation on [the defendant’s] liability creates a disingenuous arbitration remedy for the plaintiffs. Even standing alone, limiting liability to $285 irrespective of the actual damages incurred by the customer would be, at minimum, highly suspect. But under this contract’s governing arbitration rules, the plaintiffs could not recover even the cost of the filing fee much less any compensatory damages. Thus, the liability limit in the contract is a complete impediment to any effective remedy for the home inspector’s negligence or even intentional tort.” Click here for more.